Board Remand: What Happens After the Judge Rules
Why the Board remands
- Records identified in the file were never obtained.
- No examination was provided, or the examination obtained does not address the question the appeal turns on.
- A medical opinion lacks a , so it cannot be weighed.
- A theory of entitlement raised by the record — secondary , an extraschedular question, — was not adjudicated.
- A procedural step required by regulation was not completed.
What happens at the regional office
The case goes back to the agency of original jurisdiction, which carries out the specific instructions in the order. When development is complete, the agency readjudicates. A favorable decision ends the appeal on that issue. An unfavorable one is issued as a supplemental decision and the appeal generally returns to the Board.
Because the appeal keeps its docket position, a does not send the case to the back of the line — but the development itself takes time, and VA does not commit to a timeframe for it.
The compliance duty
Stegall v. West established that a confers on the claimant the right to compliance with the remand orders. When development is returned to the Board without the instructions having been carried out in substance, that is itself a basis for the Board to act. Reading the remand order and comparing it against what was actually done is the practical check.
What a claimant can do during a remand
- Attend every examination VA schedules — 38 CFR § 3.655 governs the consequences of failing to report.
- Provide any updated treatment records that postdate the last review.
- Keep contact information current so exam notices reach you.
- Read the order itself; it states exactly what VA is required to do.
Frequently Asked Questions
References & sources
- Stegall v. West, 11 Vet. App. 268 (1998) — U.S. Court of Appeals for Veterans Claims
- 38 CFR Part 20 — Board of Veterans' Appeals: Rules of Practice — eCFR
Useful Tools & Topics
Have questions about your specific case?
Every veteran's facts are different. A free initial consultation with a VA-Accredited Claims Agent can tell you whether your matter is a fit for representation — and what the right next step looks like either way.
Disclaimer: This page is for educational purposes only and does not constitute legal advice. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the U.S. Department of Veterans Affairs. No guarantees of outcomes are made. Each claim is decided on its individual facts.
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